Two writ petitions concerning the Borbazar Market Complex project in Nagaon. The Municipal Board stated the unutilised 10% Pool Fund was refunded, counsel conceded no cause of action survived, and the High Court closed both petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010017232019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/735/2019
NAGAON BARA BAZAR COMMITTEE AND 19 ORS. NAGAON SADAR BARA BAZAR, P.O AND DIST- NAGAON, ASSAM, REGD UNDER SOCIETIES REGISTRATION ACT, 1860
2: ABDUL KUDDUS HALDAR S/O- LATE MEGHU HALDAR VILL- DIMORUGURI BHOTAIATI P.O- DIMORUGURI P.S- NAGAO SADAR DIST- NAGAON ASSAM (SECRETARY NAGAON BARA BAZAR COMMITTEE)
3: ZAMAL UDDIN AHMED S/O- LATE ABDUL KADIR R/O- 2 NO. PANIAGAON W NO. 18 NAGAON TOWN DIST- NAGAON
4: JAINAL ABDIN S/O- LATE AJIM BEPARI R/O- KK ROAD AMIN PATTY W/ NO. 12 NAGAON TOWN DIST- NAGAON
5: SANKAR BHOWMIK S/O- LATE RISHIKESH BHOWMIK R/O- TOWN GOROSTHAN PATH W/NO. 11 NAGAON TOWN DIST- NAGAON
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6: NANIGOPAL DUTTA S/O- LATE RAKHAL DATTA R/O- CHAKITUP W/NO. 26 NAGAON TOWN DIST- NAGAON 7: TAPASH DATTA S/O- SRI KESH DATTA R/O- CHAKITUP CHOTOHAIBAR DIST- NAGAON
8: HAIBUR RAHMAN S/O- LATE MUSLEHUDDIN AHMED R/O- BEGENAATI CHOTOHAIBAR DIST- NAGAON
9: HAREKRISHNA PAUL S/O- LATE KHITISH PAUL MJ PATH KACHALUKHOWA W/NO. 25 NAGAON TOWN NAGAON
10: AYUB KHAN S/O- MD. ABUL KALAM R/O- MADHYASIALMARI MADHUPUR DIST- NAGAON
11: MADAN GOPAL BANIK S/O- LATE BIRENDRALAL BANIK R/O- SANTIPUR HAIBARGAON DIST- NAGAON
12: AMAR AICH S/O- LATE MANTU AICH R/O- M AZAD ROAD BARA BAZAR W/NO. 13 NAGAON TOWN NAGAON
13: SANOWAR HUSSAIN
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S/O- HAJI ABDUL SAMED R/O- 2 NO. PANIGAON W/NO. 18 NAGAON TOWN DIST- NAGAON
14: ANIL CHANDRA DAS S/O- LATE KANTA DAS R/O- CHRISTIAN PATTI RKB ROAD W/NO. 11 NAGAON TOWN DIST- NAGAON 15: ABDUL MALIK S/O- HAJI SAMED R/O- 2 NO PAANIGAON W/NO 18 NAGAON TOWN DIST- NAGAON 16: GAUTAM PAUL S/O- LATE GOVINDA CH PAUL R/O- R K ROAD W/ NO. 11 NAGAON TOWN DIST- NAGAON
17: AFAZUDDIN S/O- LATE SAFARUDDIN R/O- BEGENAATI CHOTOHAIBAR DIST- NAGAON
18: ANANDARAM BARUAH S/O- LATE FATIK CH BARUAH BAIDYATUP CHOTOHAIBAR DIST- NAGAON 19: SHAMSUL HAQUE S/O- SONAMIA R/O- PANIGAON W/NO 24 NAGAON TOWN DIST- NAGAON
20: HAZERA KHATUN
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W/O- SONAMIA R/O- PANIGAON 2 NO. W/NO 24 NAGAON TOWN DIST- NAGAO
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE DEPTT OF URBAN AREAS DEVELOPMENT, DISPUR, GUWAHATI- 06
2:THE DIRECTOR OF MUNICIPAL ADMINISTRATION DISPUR GUWAHATI- 06 3:THE DEPUTY COMMISSIONER NAGAON- 782001 ASSAM 4:THE NAGAON MUNICIPAL BOARD REP. BY ITS EXECUTIVE OFFICER NAGAON- 782001 ASSAM 5:THE CHAIRMAN NAGAON MUNICIPAL BOARD NAGAON- 782001 ASSA
Advocate for the Petitioner : DR. B AHMED
Advocate for the Respondent : GA, ASSAM
Linked Case : WP(C)/1348/2015
BIMAL SAHA and 24 ORS S/O LT. NABADEEP SAHA VILL- CHOKITUP P.O. CHUTOHOIBOR DIST. NAGAON ASSAM.
2: HARIHAR PAUL
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LT. MANINDRA PAUL KHOROM PATTY P.O. HOIBORGAON NAGAON DIST.NAGAON ASSAM. 3: SHYAMENDRA PAUL S/O LT. HEMCHANDRA PAUL HOIBORGAON RABINDRA GOLI P.O. HOIBORGAON DIST. NAGAON ASSAM 4: SRI MRITYONJOY PAUL S/O SHYAMENDRA PAUL HOIBORGAON P.O. HOIBORGAON RABINDRA GOLI DIST. NAGAON ASSAM 5: MONORANJAN PAUL S/O SHYAMENDRA KRISHNA PAUL HOIBORGAON P.O. HOIBORGAON RABINDRA GOLI DIST. NAGAON ASSAM 6: RINKU KORI S/O SANJIT KORI VILL- CHOKITUP CHUTOHOIBOR DIST. NAGAON ASSAM. 7: MD. JAMIR UDDIN S/OLT. AYUB ALI M. AZAD ROAD P.O. SADAR DIST. NAGAON 8: GOPESH CH. DAS S/O LT. SONAMONI DAS R/O CHOTOHOIBOR NAGIRAJAN P.O. CHOTOHOIBOR DIST. NAGAON 9: GITARANI DEY W/O LT. NALINI DEY R/O CHOTOHOIBOR NAGIRAJAN P.O. CHOTOHOIBOR DIST. NAGAON 10: KAMALA KANTA TRIVEDI S/O LT. KETIKE MOHAN TRIBEDI R/O HAIBORGAON L.B. ROAD P.O. HOIBORGAON DIST. NAGAON
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11: MANJU ALI S/O LT. ABDUL KARIM R/O 2 NO. PANIGAON CHARIKUTI NAGAON P.O. SADAR DIST. NAGAON
12: ABDUL KASEM S/O LT. MAGU HALDAR R/O DIMURGURI BUTAIHADI P.O. ITACHALI DIST. NAGAON
13: GOURANGA DAS S/OLT. GOPAL DAS R/O CHAKITUP P.O. CHUTOHOIBOR DIST. NAGAON
14: GOPI KANTA DAS S/O LT. GOPAL DAS R/O CHAKITUP P.O. CHUTOHOIBOR DIST. NAGAON.
15: MOFIZUL HAQUE S/O LT. ABDUL KARIM R/O 2 NO. PANIGAON CHARIKUTI NAGAON DIST. NAGAON ASSAM.
16: SABIRUDDIN SHAIKH S/O LT. ABDUL JALIL R/O DIMURGURI LACHITPUR P.O. ITACHALI DIST. NAGAON
17: MIR HUSSAIN S/O LT. ABU BAKKAR R/O KOCHOLUKHOWA ISLAMPATTY P.O. SADAR DIST. NAGAON
18: JIBAN DAS
S/O LT. GAURANGA CHANDRA DAS R/O CHAKITUP P.O. CHUTOHOIBOR DIST. NAGAON
19: CHITTARANJAN BHAWAL S/OLT. GANESH CHANDRA BHAWAL R/O CHINAPATTY P.O. and P.S. NAGAON DIST. NAGAON ASSAM.
20: NARAYAN DAS S/O MARAN DAS R/O KOCHOLU KHOWA P.O. SADAR DIST. NAGAON
21: BISWAJIT BHAWAL
S/O KARTICK BHAWAL CHINA PATTY P.O. SADAR DIST. NAGAON
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22: LITON SAHA S/O LT. SATISH SAHA R/O R.K. ROAD P.O. SADAR NAGAON DIST. NAGAON ASSAM. 23: SRI SUSANTA DAS S/O LT. LAKHAN DAS PANIGAON P.O. SADAR DIST. NAGAON 24: ZABEDA KHATUN S/O. LT. ABBED ALI PANIGAON KACHALUKUWA P.O. SADAR DIST.NAGAON 25: RAFIKUL ISLAM S/O ABDUL RASID MODUPUR P.O. SADAR NAGAON DIST. NAGAON VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE DEPARTMENT OF URBAN AREAS DEVELOPMENT DISPUR GUWAHATI-6. 2:THE NAGAON MUNICIPAL BOARD REP. BY ITS EXECUTIVE OFFICER NAGAON - 782001 ASSAM. 3:THE CHAIRMAN NAGAON MUNICIPAL BOARD NAGAON- 782001 ASSAM. 4:THE DEPUTY COMMISSIONER NAGAON NAGAON - 782001 ASSAM. 5:THE NAGAON BARABAZAR COMMITTEE
NAGAON REP. BY ITS SECRETARY SADAR BARABAZAR NAGAON- 782001 ASSAM. ------------
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Advocate for : MR.S B LASKAR
Advocate for : MR.S C KHOUNDR-2and3 appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
07.03.2024
When these matters were taken on the last occasion, i.e., 04.03.2024, the following order was passed:
“Heard Shri M.J. Quadir, learned counsel for the petitioners. Also heard Shri K. Gogoi, learned State Counsel as well as Shri S.C. Khound, learned counsel for the Nagaon Municipal Board which has been arrayed as respondents in both the writ petitions.
Shri Khound, the learned counsel has submitted that the matter has become infructuous inasmuch as the project in question was not carried on and the amount has been refunded.
Shri Quadir, learned counsel for the petitioner prays for a short accommodation to obtain instructions.
In the interest of justice, let the matters be adjourned to be listed on 07.03.2024.”
The matter has accordingly been listed today.
Heard Shri M.J. Quadir, learned counsel for the petitioners. Also heard Shri K. Gogoi, learned State Counsel as well as Shri S.C. Khound, learned counsel for the Nagaon Municipal Board.
Shri Khound, the learned counsel has submitted that the matter has become infructuous and had also placed before this Court a letter received by him dated
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01.03.2024 written by the Nagaon Municipal Board whereby it has been stated that the fund for construction of the Borbazar Market Complex which was received under 10% Pool Fund, Ministry of Housing & Urban Affairs, Government of India had been refunded as the same had remained unutilized.
Shri Quadir, the learned counsel for the petitioners submits that in view of the aforesaid development and as per instructions received by the client, he submits that there may not be any cause of action surviving.
In view of the above, the instant writ petitions are closed.
It is needless to state that in case of any fresh cause of action, the petitioners would be at liberty to approach this Court.
A copy of the written instructions dated 01.03.2024 is made part of the records.
JUDGE
Comparing Assistant
Nagaon Bara Bazar Committee
Abdul Kuddus Haldar
The State of Assam
Nagaon Municipal Board
Bimal Saha
Chairman, Nagaon Municipal Board
Sanjay Kumar Medhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
